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<br />INS'L .,,~E!le IN FILE <br /> <br />WOR;', l,:AY N~LPROCEED <br /> <br />CLERK Or COUNCIL <br /> <br />DATE: f3 n Or REHABILITATION WORK AGREEMENT <br />,,- . - (For use with COMMUNITY DEVELOPMENT BLOCK GRANT funds) <br />''\~'\' :'l <br />t., \. '~l)'.") <br />'\'l'l-' ~.ft, ~ <br />\ THIS AGREEMENT, made and entered into this ~ day of , 2002, by and <br />>if \,.J . between the City of Santa Ana, a charter city and municipa corporation d y org . ed and existing under the <br />Constitution and laws of the State of California ("City") and the Santa Ana Historical Preservation Society, a <br />California non-profit corporation hereinafler referred to as "Subrecipient". <br /> <br />I"".i <br /> <br />A .1999-048- <br />...,,_2000-063- <br /> <br />29 A <br />50 A <br /> <br />WITNESSETH <br /> <br />Recitals: <br /> <br /> <br />A. Subrecipient and City have executed the "Agreement for Agreement Between the City of Santa Ana and <br />na istorical Preservation Society For Use of Community Development Block Grant Funds", dated <br />, 200 battached hereto as Exhibit A, with all terms incorporated as though fully set forth <br /> <br />B. Subrecipient desires to employ a general building Contractor as defmed in California Business and <br />Professions Code 9 7057 to perform certain rehabilitation work on property located at 615 North Sycamore Street, in <br />the City of Santa Ana, California, known as the historical Howe-Waffle House (the "Property"). <br /> <br />C. Subrecipient represents that the Contractor hired to perform the rehabilitation work will be qualified, <br />licensed and able to perform such work as desired by Subrecipient. <br /> <br />D. Subrecipient is financing all or part of the cost of the work to be performed under this Agreement with <br />proceeds of a grant to Subrecipient from the City. The City is providing the grant funds to Subrecipient with certain <br />funds made available by the United States Department of Housing and Urban Development ("HUD") under the <br />Community Development Block Grant Program (the "CDBG Program") and the regulations issued by HUD set <br />forth in 24 CFR Party 570 (the "CDBG Regulations"). The City Manager is the representative of the City. <br /> <br />WHEREFORE, for and in consideration of the respective and mutual covenants and prornises hereinafter <br />contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: <br /> <br />I. THE WORK <br /> <br />1. SCOPE OF WORK <br /> <br />Subrecipient shall hire a qualified Contractor to provide all supervisIOn, technical personnel, labor, <br />materials. machinery, tools, equipment fixtures and services for the work required for rehabilitation of the Property, <br />in accordance with the atrached bid and proposal, general conditions, work write-ups. specifications, and drawings, <br />which documents are incorporated herein by reference as though fully set forth (Exhibit B). All construction related <br />work under this Agreement shall be to accomplish blight reduction, provide modifications to assist the disabled and <br />gain ADA compliance, and/or other health and safety modifications. <br /> <br />Subrecipient shall ensure that all work shall be performed in conformance with applicable laws and local <br />requirements whether or not covered by the specifications and drawings for the work. <br /> <br />Subrecipient acknowledges that housing assisted with CDBG Program funds constitutes HUD-assisted <br />housing for the purpose of the Lead-Based Paint Poisoning Prevention Act (42 U.S.c. Sections 4821, et seq.) and is, <br />therefore, subject to 24 Code of Federal Regulations Part 35. Accordingly, and pursuant to Section 570.608 of the <br />CDBG Regulations, Subrecipient hereby agrees to and shall be responsible for testing and abatement activities <br />specified in the Lead-Based Paint Poisoning Prevention Act and the regulations set forth at 24 Code of Federal <br />Regulations Part 35 with respect to the rehabilitation of the Property. <br /> <br />Subrecipient shall ensure that the hired Contractor shall pay all sales, consumer, use and other similar taxes <br />required by law, and shall procure and pay for all permits and licenses necessary for the execution and completion of <br />the work and labor to be performed hereunder. <br /> <br />lof6 <br />